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VIJAY KUMAR (SELF EMPLOYED)     13 January 2013

Legal heir in self earned property

In self earned joint ownership property ( not ancestral ) 50:50 of husband & wife, only wife & their only minor kid are legal heirs after unfortunate death of husband ?????? or mother (a pension holder ) of deceased son is also legal heir besides wife & kid of deceased person ?????....................if mother is also legal heir in self earned property of son  then is mother of deceased married daughter also legal heir along with kid & husband ??????????? Please suggest.



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 3 Replies

Advocate M.Bhadra   13 January 2013

If the property under joint owner hisband and wife, then after death of husband half sharre will be hold wife and rest half shall have equal right mother,wife and son/daughter of the husband if any.

VIJAY KUMAR (SELF EMPLOYED)     13 January 2013

If wife is nominated in the property, even after that mother is entitled as heir in deceased son's property ?????

Kumar Doab (FIN)     13 January 2013

 

The following is with limited understanding on the matter.

Valuable advice of learned experts/members is sought.

50% share is held by wife. It remains with the wife.

From 50% share of deceased Hindu male’s {dead without leaving a WILL} self acquired property:

The 4 units are:

Wife of deceased

Minor Kid of deceased

Mother of deceased

Daughter {as she is pre deceased her son daughter to get her share divided equally amongst them}.

All 4 units shall get equal of 25%.

The nomination is the make the process of disbursement easy. Nominee is trustee and has to maintain the trust and is duty bound to pay the respective amounts to concerned legal heir.

The legal right of legal heir/successor shall supersede nomination.

 


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